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I have a son with autism and he keeps getting blamed for…

Customer Question
I have a son...

I have a son with autism and he keeps getting blamed for every mishap at school. He has a twin who see what happens but the school won't take his brothers account because he is his brother. I want my son wear a camera to prove that he is not the problem and not the one always causing trouble. can I do that

Lawyer's Assistant: Because education law varies from place to place, can you tell me what state this is in?

New Hampshire

Lawyer's Assistant: What action has been taken so far? What's your ideal outcome?

I have been to the school numerous times and by the time the story gets to the vice principle it has change to blame my son. No one at the school is listening.

Submitted: 10 months ago.Category: Education Law
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Answered in 3 days by:
10/2/2017
Education lawyer: Law Educator, Esq., Attorney replied 10 months ago
Law Educator, Esq.
Category: Education Law
Satisfied Customers: 126,844
Experience: Attorney handling education matters.
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only. Please be patient as I am typing your answer. Thank you.

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Education lawyer: Law Educator, Esq., Attorney replied 10 months ago

Under FERPA, the Federal law for privacy in education, they can forbid your child from video recording his day in school, as it would violate the privacy rights of the other children.

However, if your child has a disability, he is protected under the Individuals with Disabilities in Education Act and you need to call for a IEP meeting, not just a meeting with the VP. In an IEP meeting, the entire IEP team meets and you would need to express the concerns that he is being disciplined and treated unfairly based on his disability and ask for the team to implement some new controls or safeguards in his IEP to protect him from being treated this way based on his disability. If that is not successful, under the IDEA you must follow these steps exactly, then the next step is you would file a written demand for a "due process hearing" to the NH Department of Education Disabilities Coordinator, with a copy to the school IEP coordinator and a copy to the local school board student disabilities office. At this point, an independent party would be assigned to hear your arguments and review your evidence that you have that shows that your son is being blamed for things in school based solely on his disability and ask in the due process hearing for appropriate safeguards and changes to prevent this from continuing. If you do not resolve this issue going through those steps, THEN you have the right to sue in court for alleged violations of the IDEA and Americans with Disabilities Act for the school VP singling your son out based only on his disability and punishing him or trying to punish him based on that disability.

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